Public officers who deliberately block access to information requested under Ghana’s Right to Information Act could soon face personal financial penalties instead of leaving state institutions to absorb the cost with public funds.
Why is the RTI commission imposing penalty on some institutions
The proposal, currently being developed by the Right to Information Commission, seeks to strengthen accountability within public institutions and discourage officials from frustrating citizens, journalists, and civil society groups seeking access to public records.
According to the Head of Legal at the RTI Commission, Stephen Owusu, a draft Legislative Instrument has already been prepared to introduce surcharge provisions targeting individual officers responsible for non compliance. The proposal is expected to return to Parliament after delays linked to election year disruptions in 2024.
Under the current framework, institutions found guilty of refusing to release information are fined. However, the penalties are often paid using taxpayers’ money, even when the refusal stems from decisions made by specific officials.
The Commission believes the existing arrangement weakens accountability because public officers face no direct consequences for withholding information unlawfully.
Ghana’s Right to Information Act, passed in 2019 and operational since 2020, guarantees citizens access to information held by public institutions, except in limited situations involving national security or privacy concerns. The law was introduced to improve transparency, democratic participation, and public accountability.
Despite the law’s implementation, enforcement challenges have persisted across several state agencies. Many applicants continue to report delays, refusals, and bureaucratic obstacles when requesting information.
How much penalties were imposed by the RTI commission and the institutions involved
Figures from the RTI Commission show that between 2020 and July 2025, administrative penalties totaling approximately GH¢5.6 million were imposed in 76 determinations involving 64 institutions. Out of that amount, more than GH¢2.1 million remains unpaid by several public institutions.
Institutions that have already paid penalties include the Ghana Police Service, which paid GH¢450,357, the Ghana Audit Service, GH¢60,000 and the Parliamentary Service GH¢53,785. Others, including the Judicial Service, the Attorney General’s Department, and the Public Procurement Authority, are still owing GH¢100,000, GH¢50,000 and GH¢100,000 respectively.
One notable case involved the National Service Authority, which was fined GH¢50,000 after refusing to release personnel deployment data requested during investigations into the ghost names scandal. The Commission indicated that interest charges 10% every 14 days caused the penalty to rise to GH¢159,285.71 by March 2026 because the information had still not been released.
The RTI Commission has increasingly relied on the courts to enforce compliance. Stephen Owusu disclosed that more than 50 court cases have been filed against institutions that ignored directives to disclose information or settle penalties. He noted that the Commission has recorded success in about 95 percent of those cases.
Earlier this year, the Commission also sanctioned four public institutions with GH¢220,000 in penalties for violating provisions of the RTI Act. The affected institutions included the Ghana Education Service, the National Pensions Regulatory Authority, the Economic and Organized Crime Office.
Governance and transparency advocates say the proposed surcharge system could become a major turning point in Ghana’s access to information regime. They argue that personal liability may push public officers to treat RTI requests with greater urgency and seriousness.
If passed, the new Legislative Instrument could significantly reshape how public institutions respond to information requests and reinforce the principle that access to public information is a constitutional right, not a privilege.
